Rescission of judgment – Magistrates’ Court – Magistrates’ Court Rule 49(1) A party to proceedings in which a default judgment has been given, or any person affected by such judgment, may within 20 days after obtaining knowledge of the judgment serve and file an application to court, on notice to […]
magistrates' court rule
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Notice to produce discovery – Magistrates’ Court – Form 15 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 23(6) Any party may at any time by notice similar to Form 15 of Annexure 1 require any party who has made discovery to make available for inspection […]
Provisional Sentence Summons – Magistrates’ Court – Form 2A of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 14A When a person may be summoned to answer a claim made for provisional sentence, proceedings shall be instituted by way of a summons in accordance with Form 2A […]
Notice to inspect documents – Magistrates’ Court – Form 15A of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 23(6) Any party may at any time by notice similar to Form 15 of Annexure 1 require any party who has made discovery to make available for inspection […]
Security for costs – Magistrates’ Court – Magistrates’ Court Rule 62 If a party is entitled to demand security for costs from another party, he / she shall, as soon as practicable after the commencement of proceedings, deliver a notice setting forth the grounds upon which such security is claimed, […]
Notice of Motion – Short Form – Magistrates’ Court – Form 1 of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 55(3) Every ex parte application must correspond substantially with Form 1 of Annexure 1 of the Magistrates’ Court Rules. Such application will only be considered if […]
Notice of Motion – Long Form – Magistrates’ Court – Form 1A of Annexure 1 of the Magistrates’ Court Rules – Magistrates’ Court Rule 55(1) Every application must be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief. The […]
Summary judgment – Magistrates’ Court – Magistrates’ Court Rule 14 Where the defendant has served notice of intention to defend, the plaintiff may apply to court for summary judgment on each of such claims in the summons as is only-– on a liquid document;– for a liquidated amount in money;– […]
Non-compliance with the rules – Magistrates’ Court – Magistrates’ Court Rule 60 Unless otherwise provided for in the Magistrates’ Court Rules, failure to comply with these Rules or with any request made in pursuance thereof shall not be ground for the giving of judgment against the party in default. If […]
Joinder of parties – Magistrates’ Court – Magistrates’ Court Rule 28(2) The court may, on application by any party to any proceedings, order that another person shall be added either as a plaintiff or applicant or as a defendant or respondent on such terms as it may deem fit. Joinder […]